Sheeba Dileep vs The South Indian Bank Ltd
2023 Latest Caselaw 5176 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                     WP(C) NO. 13581 OF 2023
PETITIONER:

         SHEEBA DILEEP,
         AGED 49 YEARS
         W/O. DILEEP KUMAR, ANIKUNNEL HOUSE NEDUMKANDAM
         POST, CHAKKAKANAM, IDUKKI 685553
         BY ADVS.
         SADCHITH.P.KURUP
         C.P.ANIL RAJ
         SIVA SURESH

RESPONDENTS:

    1    THE SOUTH INDIAN BANK LTD.,
         CENTER POINT, NEDUMKANDAM BRANCH IDUKKI DISTRICT-
         685553 REP. BY ITS BRANCH MANAGER
    2    THE AUTHORISED OFFICER,
         THE SOUTH INDIAN BANK LTD., MUVATTUPUZHA REGIONAL
         OFFICE 1ST FLOOR, KAVIKUNNEL CHAMBERS T.B
         JUNCTION, MUVATTUPUZHA -686661
    3    SANIYO JOSEPH,
         S/O. JOSEPH ANTONY, NELLIYEKKUNNAL
         HOUSE,NEDUMKANDAM P.O., IDUKKI -685553
    4    NAVA JYOTHI,
         W/O. GANESH, PUTHENPURAYIL HOUSE, NEDUMKANDAM PO,
         IDUKI -685553
         BY ADVS.SUNIL SHANKER
         K.MADHUSOODANAN
         SYRIAC JOSEPH(K/304/1980)


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.04.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.13581 of 2023             :2:



                          VIJU ABRAHAM, J.
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                      W.P.(C). No.13581 of 2023
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                  Dated this the 18th day of April, 2023

                                  JUDGMENT

The petitioner has approached this Court seeking a

direction to respondents 1 and 2 to issue a notice to the petitioner

before proceeding ahead with physical dispossession of the

property.

2. The learned Standing Counsel for the respondent bank

upon instructions submitted that they have already approached

the Chief Judicial Magistrate, Thodupuzha and Adv. Mahin K. A.

is appointed as Advocate Commissioner to take possession of the

secured assets.

3. The petitioner submits that he is a subsequent purchaser

of the property and he may be issued with a notice regarding any

further action taken by the bank through the Advocate

Commissioner, for taking physical possession of the property.

4. Therefore, there will be a direction to respondents 1 and

2 and also to the Advocate Commissioner appointed by the Chief

Judicial Magistrate, Thodupuzha in M.C.No.143/2023, ie.,

Adv.Mahin K. A. to issue notice to the petitioner before

proceedings ahead with the physical dispossession of the

property.

With the above said direction, the writ petition is disposed

of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 13581/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER DATED 31/3/2023 PASSED BY DRT 2 ERNAKULAM IN SA NO 51/19